The Stage

Playwright Flynn loses breach of contract suit against Dublin Theatre Festival

Published Thursday 29 January 2009 at 14:10 by Anthony Garvey

A playwright’s damages claim against the Dublin Theatre Festival, alleging breach of contract, has been dismissed by a judge in the Irish Circuit Civil Court.

Gerard Mannix Flynn, Dublin-born author and playwright, had sued the festival for €38,000, claiming it reneged on an agreement to include one of his productions in its 50th anniversary programme in 2007. As a result, he said, he had lost up to €60,000.

Flynn, whose work has been staged in Dublin, at the Edinburgh Festival Fringe and other venues, testified that he had invested €60,000 - received in a court settlement - in a production titled Letting Go of That Which You Most Ardently Desire, dealing with IRA arms decommissioning in the Northern Ireland peace agreement. He had done so on the understanding that another of his productions would be included in the 2007 festival, and claimed to have had an agreement, “part oral, part written”, to that effect with the then festival director, Don Shipley.

He told the court, sitting in Dublin, that during negotiations Shipley had never indicated he intended quitting as the festival’s artistic director, which he subsequently did. Flynn said he later held talks with Shipley’s successor, Loughlin Deegan, on including his production of a play about recovery from addiction, titled Cunning, Baffling, Powerful, in the festival, but was told the programme had been filled.

“I felt betrayed,” Flynn said in evidence. “I had put a lot of money into the earlier production, but had lost all the anticipated profits and promotional advantages of participating in the high-profile 50th anniversary festival.”

However, counsel for the Dublin Theatre Festival disputed the playwright’s claim, insisting there had never been any agreement such as he alleged. Judge Jacqueline Linnane accepted that, saying he had failed to produce any relevant evidence. She dismissed the damages claim and awarded the costs of the hearing against Flynn.

However, the drama is not yet over. Flynn said later he will be continuing his fight in the Irish High Court by way of an appeal.